Summary: We will not investigate this complaint about the Council’s refusal to rescind X’s signature to an agreement about the outcome of a data protection matter. The complaint concerns the outcome of a data matter, which another body is better placed to consider. Any disagreement about a settlement of a data matter would be a matter where X has a right to go to court it would be reasonable to use.

The complaint

1. X said the Council obtained his signature to a settlement of a data complaint when he was incapable due to drink.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.
8. X told me he wished us to remove the formal salutation form his records, and not to address him by any formal salutation. I have therefore used X.

Back to top

My assessment

9. The matter that gave rise to the complaint was about an alleged data breach. X said the Council obtained his signature to a settlement of that matter improperly.
10. Data matters are better considered by the Information Commissioner as they have powers to determine if there has been a data breach, and to impose penalties for it. We lack those powers.
11. The settlement of a claim between an individual and a public body resulting from a data breach is a matter for a court to decide.

Back to top

Final decision

12. We will not investigate X’s complaint because:

• Another body is better placed than us to consider the alleged data breach; and
• X has a right to go to court it would be reasonable to use regarding any consequent settlement.

Back to top

Investigator's decision on behalf of the Ombudsman